MEMORANDUM OF UNDERSTANDING

AMONG

DEPARTMENT OF LAORDEPARTMENT OF DEFENSE

DEPARTMENT OF VETERAS AFFAIRSDEPARTMENT OF HOMELAD SECURITY

TRASITION ASSISTANCE PROGRAMAND

DISABLED TRANSITION ASSISTANCE PROGRAM

Purpose: The Department of Labor (DOL), Department of Defense (DoD), Department ofVeterans Affairs (VA), and the Department of Homeland Security (DHS) enter into thisMemorandum of Understanding (MOU) as required by section 1144 (a) (3) of Title 10, UnitedStates Code, to carry out the Transition Assistance Program (TAP). This MOU recommtsDOL, DoD, and V A, and adds the DHS, to provide TAP Employment Workshops, VABenefits Briefings and the Disabled Transition Assistance Program (DT AP) for members ofthe Armed Forces and their st'ouses who are within 12 months of separation, or within 24months of retirement. It supers."des and replaces all previous Transition Assistance Program(TAP) MOUs.

Authonty: Section 502 of the National Defense Authorization Act (NDAA) for Fiscal Year(FY) 1991, P.L. 101-510, codifed in sections 1141-1143 and 1144-1150 of title 10, UnitedStates Code, authorized comprehensive transition assistance benefits and services forseparating service members and their spouses and required that TAP Employment Workshopsbe established and maitained. Section 502 further mandated that DOL, DoD, and VA enterinto a detailed agreement regarding this requirement. Section 543 of the NDAA for FY 1995,P.L. 103-337, among other things, amended section 1144 of title 10, United States Code, toinclude Coast Guard members and their spouses under TAP. Section 302 of the "VeteransEducation and Benefits Act of 2001," P.L. 107-103, amended section 1142 of title 10, UnitedStates Code, to change the timeline in which separating service members are to commence thetransition process. Section 1142 now requires that preseparation counseling begin as soon aspossible during the 12 months prior to separation for separatees who are not retiring and, inthe case of members anticipating retirement, that counseling commence as soon as possibleduring the 24 months prior to retirement.

Backgound: DOL conducts two and a half (2~) day TAP Employment Workshops thatprovide employment information, training opportunities, and vocational guidance to allowseparating service members to make informed career choices. The DoD, VA, and DHS inpartnership with DOL, provide a comprehensive mix of veterans' benefits and programinformation for the service members' use in determining their future career direction. Further,the Employment Workshops provide service members an array of job placement assistance andemployment training services to carry out those choices and begin their transition into civilan

employment prior to separation.

V A conducts a half-day (4 hours) VA Benefits Briefing for separating and retiring servicemembers. In addition to the VA Benefis Briefings, VA also provides the DTAP. The DTAPprovides information about disabilty benefits and vocational rehabiltation to: (1) individualsbeing separated due to a service-connected disabilty; (2) those who wil be medicallydischarged; and (3) those who suspect they have a service-connected disabilty.

DTAP wil be 2 hours in length, and wil provide extensive information regarding VA'sVocational Rehabiltation and Employment Service (VR&E) benefits. All separating andretiring service members who qualify for DT AP should attend the V A Benefits Briefing priorto attending DT AP.

Objectves: The successfu transition of veterans into civilan life is a mutual responsibiltyand concern of the DOL, DoD, VA, and DHS. To this end, these Departments are committedto maintaining a program to furnish counseling, assistance in identifying and obtainingemployment and training opportunities, information about veterans' benefits programs, andother related information and services, to separating service members and their spouses.

Scope: The Transition Assistance Program shall be available to active duty members and theirspouses within 12 months of separation or 24 months of retirement. On a space-availablebasis, DoD and DHS wil authorize separated service members to attend workshops up to 180days after their date of separation. If more than 180 days have elapsed since their date ofseparation, and separatees wish to seek employment assistance and counseling, they will bereferred to the loca One-Stop Career Center system where they ca access an array ofservices, including those provided by a Disabled Veterans' Outreach Program (DVOP)Specialist or Local Veterans' Employment Representative (L VER). Additionally, the partiesto this MOU may discuss and/or agree on other methods to provide transition assistance toservice members unable to attend DOL workshops.

Definitions: See Acronyms and Definitions attached.

,Responsibilties: Under subsections 1144 (a) and (b) title 10, Unitcd States Code, DOL isresponsible for establishing and maintaining TAP Employment Workshops, with thecooperation of DoD, DHS, and VA. Accrdingly, under this MOU, DOL is responsible forTAP Employment Workshop delivery. The DoD and DHS are responsible for servicemember participation, to include supporting and marketing the program to miltarycommanders and providing logistical support. The VA is responsible for providing veterans'benefits information, claim assistance, and information that is unque to veterans beingseparated due to service-connected disabilties or other medica reasons.

Joùlt R~sl!oJl-sibilti~s,; To facilitate comprehensive workshops, DOL, Don, VA, and DHSagree to:

a. Provide an effective and well-coordinated scquence of transition services, minimizing any

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duplication of services among Departments, for separating service members and their spouses.

b. Promote optimal workshop sizes of no less than 24 participants. To this end, coordinate

TAP Employment Workshop scheduling and accss to TAP Employment Workshops amongmiltary installations within a l00-mile radius, regardless of military service affliation.

c. Ensure the following descending order of priority with respect to workshop attendance:

(1) Service members and their spouses who are closest to their date of separation from activeduty (especially those within 90 days or less of separation).

(2) Personnel returning from overseas.

(3) Service members assigned to remote or isolated sites.

(4) All other active duty personnel and spouses eligible for TAP participation.

(5) Former service members, up to 180 days after their date of separation.

d. Permit separating service members and their spouses to attend Employment Workshops 12months prior to separation and permit retirees and their spouse~ to attend EmploymentWorkshops 24 months prior to retirement.

e. Coordinate with the appropriate representatives of the DOL, DoD, VA, and DHS on newinternal directives that may affect the conduct of the TAP Employment Workshops.

f. Coordinate support services required through other public agencies, miltary and veterans'

service organizations, and the private sector.

g. Identify and obtain potential guest speakers for workshops. However, all guest speakersmust first be cleared by the miltary installation.

h. Coordinate any pilot programs, studies, surveys, special initiatives, with DOL, DoD, VA,and DHS headquarters level Points of Contact (PoCs).

'i. Review and assess quarterly the overall quality of the program and the effectiveness of localdelivery at participating sites, and modify the workshop components as required.

j. Support development of loca MOUs among loc installation transition offces and regionaland state DOL and VA offces. The loca MOUs must conform to the overall intent and legalreferences contained in this MOU.

The, Department of Labor w.il:

a. Provide PoCs and coordinators at the headquarters and local level for the TAP

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Employment Workshops.

b. Locate TAP Employment Workshops for separating and retiring service members on orwithin 100 miles of all major military installations.

c. Develop TAP Employment Workshops to be two and a half (2 yz) days in length. Thecurriculum for two and a half (2 yz) days wil focus on job-search assistance.

d. Provide sufficient numbers of highly qualified TAP Employment Workshop faciltatorssuch as DVOP specialists, LVER staff, and DOL contractor personnel to conduct TAPEmployment Workshops.

e. Provide overseas Employment Workshops.

f. Make available to all separatees and retirees all TAP manuals and associated TAPEmployment Workshop materials.

g. Coordinate with the Department PoCs for Don, VA, and DHS on any deletions oradditions to the TAP Employment Workshop curriculum.

h. Provide training for TAP Employment Workshop facilitators, within available classlimitations, at the National Veterans' Training Institute (NVTI).

i. Monitor TAP Employment Workshop delivery to maintain a high quality program.Monitoring should include TAP Employment Workshop evaluations of participants' feedback.The feedback wil be used to improve the program at the local level and to elevate

participants' issues of broad scope to the national leveL.

j. Perform annual Workshop monitoring visits to ensure the quality of Workshops. Reviewparticipants' class critiques and monitor the effectiveness of the TAP Employment Workshopfaciltators.

k. Cooperate with the noD, VA, and nHS to resolve problems with the Workshops.

1. Provide ongoing publicity through installation newspaper articles, flyers and posters.

m. Collect and provide DoD, VA, and DHS quarterly data on the number of DOL TAPEmployment Workshops conducted and the number of attendees at the Work.c;hops. Dataprovided wil include: branch of service hosting the Workshop; number of retirees,separatees, and number of spouses for each class; total number of participants for each class;the breakdown of the workshop by gender and service (Army, Navy, Air Force, MarineCorps, and Coast Guard); the number of participants having more than 90-days left in theservice; the number of participants with less than 90-days left in the service; and theorganization that facilitated each Workshop (DVOP, LVER, VETS' Staff, Contractor, orWhen Actually Employed (WAE) Staff).

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n. Provide TAP Employment Workshops that include, at a minium:

(1) Information concerning employment and training assistance, including: (a) labor marketinformation; (b) civilan work place requirements and employment opportunities; (c)instruction in resume preparation, cover letters, and job applications; (d) job analysistechniques, job search techniques, job interview techniques, and salary negotiation.

(2) Information on Federal, State, and local programs that may be of assistance to membersafter separation from the armed forces, especially those services provided through the locaOne-Stop system, including services provided by Local Veteran Employment Representativesand Disabled Veteran Outreach Program Specialists and programs offered by miltary andveterans' service organizations

(3) Information advising members that the DoD and the DHS are required by Title 10,U.S.c., Section 1143(a) to provide proper certification or verification of job skils andexperience acquired while on active duty that may have application to licensing andcertification for employment in the civilan sector. Brief members on the DOL Website forCredentialing, advise them of the information they wil find there, and explain how it wil be

of assistance to them as they job search.

(4) Information and other assistance on acquiring loans and grants from the Small Business

Administration and other Federal, State, and loca agencies.

(5) Information about the geographic areas in which members may relocate after separationfrom the armed forces, including, to the degree possible, information about employmentopportunities, the labor market, and the cost of living in those areas (including, to the extentpracticable, the cost and availabilty of housing, child care, education, and medica and dentalcare).

(6) Guidance and information to separatees and retirees during Workshops, on the role ofVeterans' Service Organzations (VSOs). Explain how these organizations ca assistseparating and retiring service members with employment assistance. Provide information onhow separating service members and retirees ca accss information on VSOs, and find out

which ones sponsor and/or support job fairs in their loca area.

(7) Information about any public and community service jobs programs available.

(8) Information on optional subjects or topics that may be considered relevant to theseparating service member's abilty to conduct a succssful job search, such as familiarizationwith the "Internet" and those sites with potential to enhance his/her job search. However, theoptional subjects or topics cannot be substituted for the mandatory requirements stated inparagraphs (1) through (7) above.

The Department of Defense wil.;

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a. Provide PoCs and coordinators at the headquarters and loca level for the DOL TAPEmployment Workshops, VA Benefits Briefings, and DTAP.

b. Make available a version of the TAP Employment Workshop, and provide transitionassistance services, to the maximum extent feasible, to all separating service members who areassigned at overseas military installations where DOL is not facilitating a workshop.

c. Share information about miltary personnel separations, base closures/realignments, and

projected number of separating members by service as early as possible at the beginningof each fiscal year. This is required in order to determie the number of workshops that needto be decreased/increased and to adjust resources as necessary.

d. Provide suitable classroom facilties for DOL TAP Employment Workshops, VA BenefitsBriefings, and DTAP. Seating for DOL Workshops should be for a minimum of 24participants on a regularly scheduled basis. There is no minimum participant requirement forVA Benefits Briefings and DT AP. Such facilities must include appropriate utilties (adequatelighting, ventilation, heat, etc.), male and female restrooms, furniture (tables, chairs, lectern,etc.), handicapped access, and sufficient parking. Audiovisual equipment (projection screen,overhead projector, microphone, etc.), telephones, and janitorial services must also beprovided.

e. Work with DOL and VA coordinators and miltary installations within a region (defined asan area in which military installations are within 100 miles of each other) to promote coursedelivery which wil accmmodate the recommended minimum workshop size of 24participants. This should include coordination among miltary installations regardless ofmiltary service affiliation.

f. Provide on-going publicity through, but not limted to newsletters, installation newspaperarticles, flyers and posters.

g. Encourage and promote maximum participation with the support of instaHation and unitcommanders.

h. Notify and register participants for Workshops. Work with DOL and VA coordinators toensure seating is provided in accrdance with priority considerations enumerated underparagraph c. "Joint Responsibilties," above.

i. Follow-up with appropriate supervisory personnel to help ensure scheduled personnel are

available for TAP Employment Workshops, required post-Government employment ethicsbriefing, V A Benefits Briefings, and DT AP . Installation TAP staffs are responsible forclassroom discipline and facility logistics.

j, PoCs or coordinators at DoD installations shall to the extent prac.1icable, notify the localDOL and VA Coordinators of TAP Employment Workshop, required post-Government ethics

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briefings, VA Benefits Briefing, and DTAP cancellations at least 14 working days prior to thestart date of a TAP Employment Workshop, VA Benefits Briefing or DTAP.

k. Provide and fund NVI traing for DoD TAP Employment Workshop facilitators.

1. Assist DOL in monitoring TAP Employment Workshop delivery. Assist VA in monitoringVA Benefits Briefings and DT AP.

The Department of Homeland Secunty (U.S. Coast Guard) wil:

a. Provide PoCs and coordinators at the headquarters and 10calevel for the TAPEmployment Workshops, VA Benefits Briefings, and DTAP.

b. Provide suitable classroom facilities for DOL TAP Employment Workshops, VA BenefitsBriefings, and DTAP. Seating for DOL Workshops should be for a miimum of 24participants on a regularly scheduled basis. There is no minimum requirement for VABenefits Briefings and DT AP. Such facilties must include appropriate utilties (adequatelighting, ventilation, heat, etc.), male and female restrooms, furniture (tables, chairs, lectern,etc.), handicapped access, aid sufficient parking. Audiovisual equipment (projection screen,overhead projector, microphon\.~, etc.), telephones, and janitorial services must also beprovided.

C. Work with DOL and VA coordinators and miltary installations within a region (defined asan area in which miltary installations are within 100 miles of each other) to promote coursedelivery that wil accommodate the recommended minium workshop size of 24 participants.This should include coordination among miltary installations regardless of military serviceaffiiation.

d. Provide on-going publicity through, but not limited to, installation newspaper articles,flyers and posters.

e. Encourage and promote maximum participation, with the support of installation and unitcommanders.

f. Notify and register participants for Workshops. Work with DOL and VA coordinators toensure seating is provided in accordance with priority considerations enumerated underparagraph c. "Joint Responsibilties," above.

g. Assist DOL in monitoring TAP Employment Workshop delivery. Assist VA in monitoringVA Benefïts Briefings and DT AP.

h. Follow-up with appropriate unit supervisory personnel to help ensure scheduled servicemembers are available for TAP Employment Workshops, ensure classroom discipline, andsupervise facility logistics.

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i. DHS (US Coast Guard (local installations)) PoCs or coordinators shall, to the extentpracticable, notify the loca DOL and VA Coordinators of Workshop, VA Benefits Briefing,and DTAP cancellations at least 14 days prior to the start date of a TAP EmploymentWorkshop, VA Benefits Briefing, or DTAP.

j. Provide and fund NVI trainig for DHS TAP Employment Workshop faciltators.

The Department of Veterans Afairs wil:

a. Provide PoCs and coordinators at the headquarters level for VA Benefits Briefings andDTAP.

b. Provide information on veterans' benefits and claims assistance. The VA BenefitsBriefings will be a half-day (4 hours) in length.

c. In addition to VA Benefits Briefings, provide a separate DTAP Briefing to thoseindividuals who: (1) are being separated or retiring due to a service-connected disabilty; (2)are being medically discharged; or (3) suspect they have a service-connected disabilty. The

standardized DTAP wil be 2 hours in length and in addition to the half-day (4 hours) VABenefits Briefings. All separating and retiring service members who qualify for DT AP shouldattend the VA Benefits Briefing prior to attending DT AP .

d. Provide highly qualified benefits counselors, instructional aides (instructor's manuals,slides, and/or overheads of presentations, etc.), and course materials on veterans' benefitsinformation for each Veterans Benefits Briefing and DT AP participant at locations where VAbenefits' presentations and DT AP briefings are conducted.

c. Provide VA training curriculum concerns about veterans' benefits information and claimsassistance to the National Veterans' Training Institute and DOL Transition AssistanceWorkshop staff.

f. Monitor VA Benefits Briefings and DT AP presenters to maintain a high quality program.Monitoring should include participants' evaluations. Their feedback wil be used to improvethe program at the local level and to elevate issues of broad scope to the national level .

g. Provide guidance and information to separatees and retirees during V A Benefits Briefingson the role of Veterans' Service Organizations. Also, provide information on how theseorganizations can assist them following their separation.

h. Provide overseas counselors under a separate Memorandum of Agreement with theDepartment of Defense.

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i. Provide on-going publicity through, but not limited to, newsletters, installation newspaperarticles, flyers and posters.

Oversight: The DOL, DoD, VA, and DHS PoCs at the national level wil meet quarterly, ormore frequently as necessary, to discuss program accmplishments, including best practices;to engage in planing; and/or to resolve issues. The DOL representative wil chair themeetings.

Review/Chanes: The DOL, DoD, VA, and DHS PoCs at the national level will review thisMOD periodically, but no less than once every two years. Changes to this MOU will be inwriting and approved in any event by all of the signatories or their successors. If during thereview process it is determied that there wil be no changes to this MOU, the signatories (ortheir succssors') representatives will sign a joint memorandum stating that the MOU has beenreviewed and is approved without change.

Effect of Agrement: This Memorandum of Understanding is an internal agreement and doesnot confer any rights upon any individuaL It supersedes and replaces all previous TransitionAssistance Program (TAP) MOUs.

This agreement does not authorize the expenditure or reimbursement of any funds. Nothing inthis MOU shall obligate noD, DHS, VA, or DOL to expend appropriations or enter into anycontract or other obligation. All obligations of the Parties under this MOU shall be subject tothe availabilty of funds for such purposes.

Nothing in this Memorandum of Understanding shall be interpreted as limiting, superseding,or otherwise afecting the parties' normal operations or decisions in carrying out their statutoryor regulatory duties. This Memorandum of Understanding does not limit or restrict DoD,DHS, VA, or DOL from participating in similar activities or arrangements with otheragencies.

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Effective Date and Duration:

This Memorandum of Understading shall become effective upon the date of the final signatueof the undersigned paries. This MOU, as amended in wrting, shall remain in force untilsuperseded by a successor MOU. In the event this MOU is no longer statutorily required, it willbe of no force and effect unless continued by mutul consent of the parties.

SIgatures

DEPARTMENT OF LABOR DEPARTMENT OF DEFENSE'''\

/~BY:7"Ì=ín,d' (¡J.¿jigz"L-

c,...DATE:

David S. C. ChuUnder Secretary of Defense for Personnel

and Readiness

BY:DATE:

t?~~~~Charles S. Ciccolella

Assistant Secretary for Veterans'Employment and Training

DEPARTMENT OF DEPARTMENT OFVETERANS AFFAIRS HOMELAND CURITY

BY:(?~/ -I ~BY~ \DATE: ___-- DATE:Daniel L. Cooper Thad w: Allen

Under Secretary for Benefits Admiral, U.S. Coast GuardCommandant

SEP 19 2006

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Acronyms and Definitions

A. Acronyms

1. DoD - Departent of Defense

2. DOL - Deparent of Labor

3. DHS - Deparent of Homeland Securty (United States Coast Guad)

4. DT AP -- Disabled Transition Assistace Program

5. V A - Deparent of Veterans Affairs

6. DVOP - Disabled Veterans Outreach Progr (Specialist)

7. LVER - Local Veterans Employment Representative (State)

8. NVTI - National Veterans Training Institute

9. PoC- Point of Contact

10. TAP - Transition Assistace Program

i i. W AE - "When Actualy Employed" designates on-call federal employees receiving pay forspecific services rendered but not assigned regular duties. While in a working status, theseemployees are understood ac; federal temporar employees and fall under federal expectations,guidelines and protections.

B. Definitions

1. Coordinator - A person at the local level who has the responsibility for class schedulingand logistics.

2. Facilitator - A person trned at the National Veteras Training Institute (NVTI) or otherentity approved by the National Offce of Veteras Employment and Training Service whoseprimar duty is presenting instruction and providing administrative support of the TAPEmployment Workshop.

3. Point of Contact -- A representative from DOL, DoD, DHS or V A who is charged withcarring out that agency's responsibilities.

4. Separating service member - A uniformed member of the Anny, Navy, Marine Corps,

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Air Force, or Coast Guard who is being discharged, released from active duty, released fromcustody and control of the Ared Forces, transferred to the Individual Ready Reserve, or retired.

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